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BOYDEN v. UNITED STATES

No. 72-1679.

463 F.2d 229 (1972)

Gerald Glen BOYDEN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 2, 1972.

Attorney(s) appearing for the Case

Gerald Glen Boyden, in pro. per.

Charles W. Billinghurst, Asst. U. S. Atty., Tacoma, Wash., for respondent-appellee.

Before HAMLEY, BROWNING and CHOY, Circuit Judges.

PER CURIAM:

Gerald Boyden, a federal prisoner incarcerated in the Western District of Washington, seeks to obtain credit against his sentence for time spent in jail prior to the imposition of sentence and while his appeal was pending. His initial petition pursuant to 28 U.S.C. § 2255 was denied by the sentencing court in the Southern District of California on the merits in February, 1971. In February, 1972, Boyden filed a habeas corpus petition in the Western...

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